Superior Courts

to settle forms of mons, practice,

Writs of Sum

costs, &c.

election shall apply equally to all or any number of the members of any such Municipal Corporation, it shall and may be lawful for the Relator to proceed by one writ of summons against all such members; and in case of the elections of all the members of any such Municipal Corporation being adjudged invalid, the writ for the removal of the members so adjudged to have been illegally elected and returned, and the admission of those so adjudged to have been legally elected, shall be directed to the Sheriff of the County or Union of Counties within the limits of which the locality in or over which such Municipal Corporation shall be established, shall be situate, who for the purpose of causing an election to be held under the authority of this Act, shall have all the powers and authority hereby conferred upon Municipal Corporations for supplying such vacancies as are occasioned by death; And provided also, thirdly, That all such original writs of summons shall be applied for within six weeks after the election complained against, or within one month after the person whose election is questioned, shall have accepted the office, and not afterwards; And provided also, fourthly, That no costs shall be awarded against any person against whom any such writ of summons in the nature of a quo warranto shall be brought, who shall, within one week after having been served with such writ, transmit, postpaid, through the Post Office, directed to the Clerk of Judges Chambers, at Osgcode Hall, Toronto, a disclaimer of the office in the terms, or to the effect following, that is to say:

"I, A. B., upon whom a writ of summons, in the nature of a quo warranto, has been served for the purpose of contesting my right to the office of Township Councillor (or as the case may be) for the Township of in the County of (or as the case may be) do hereby disclaim the said office, and decline all defence of any right I may have to the same," unless it shall have been proved to the satisfaction of such Court or Judge, that such person had been a consenting party to being put in nomination as candidate for such election, in which latter case, such costs shall be in the discretion of such Court or Judge.

And provided also, Fifthly, That it shall be the duty of every such last mentioned person to deliver a duplicate of such disclaimer to the Clerk of the Municipal Corporation, the seat in which shall be contested, who shall forthwith communicate the same to the other members of such Municipal Corporation; and provided also, Sixthly, That in any such case it shall be lawful for the Judge, before whom such writ of summons is returnable, to afford reasonable time and opportunity for the said Municipal Corporation, or to any person entitled as a Municipal voter of such Corporation, to intervene and defend the said election and return, in every which case such intervening party shall be liable and entitled to costs as any other party to such proceeding.]

SEC. CLIII. And be it enacted, That it shall and may be lawful for [the Judges of Her Majesty's two Superior Courts of Common Law at Toronto, or the majority of them, by any rule or rules to be by them for that purpose made from time to time in Term time, as occasion may require, to settle the forms of all such Writs, whether of Summons, Certiorari, Mandamus, Execution, or of or for whatever other kind or purpose, as aforesaid,] and to regulate the practice respecting the suing out service and execution of such Writs, and the punishment of those guilty of contempt in disobeying the same, and also generally for the regulation of the practice, as well at Chambers as in Banc, in hearing and determining the validity of such elections as aforesaid, and the allowance of costs thereupon, and also from time to time by any new rule or rules to be made as aforesaid, to rescind, alter or amend such rule or rules, or make others in lieu thereof, in like manner as they are

now by Law empowered to do for the regulation of the practice [of the Courts in matters within their ordinary jurisdiction.]

Parties interested may require of

Town-Clerks.

paying a reason

Superior Courts may be moved to

quash any By

law.

Proceedings

SEC. CLV. And be it enacted, That it shall be lawful and competent to and for any resident of any Township, Village, Town, City or County in Upper Canada aforesaid, in which any By-laws shall be passed, or &c., copies of for any other person having an interest in the provisions of such By-law, By-Laws, on to apply by himself, or by his Attorney, for a certified copy of such By-able fee therefor. law, and the Township, Town, Village, County or City Clerk shall, upon such application and upon payment to him of his fee therefor, within a reasonable time, furnish a copy of such By-law certified under his Hand and the Seal of the Municipal Corporation of which he is the Officer, [and either of Her Majesty's Superior Courts of Common Law at Toronto] may be moved, upon production of such copy, and upon affidavit that the same is the copy received from such Township, Town, Village, County or City Clerk, to quash such By-law; and if it shall appear to the said Court, that such By-law is in the whole or in part illegal, it shall and may be lawful upon proof of service of a rule upon the Corporation, thereon. to shew cause, within not less than eight days after such service, why such By-law should not be quashed in the whole or in part, to order such By-Law to be quashed in the whole or in part and if it shall appear to the said Court that such By-law is legal, in the whole or in the part complained of, to award costs in favour of the Corporation, or otherwise against such Corporation; and that no action shall be sustained for or by reason of anything authorized to be done under any such Bylaw, unless such By-law or the part thereof under which the same shall be done, shall be quashed in manner aforesaid one calendar month previously to the bringing such action; and if such Corporation, or any person sued for acting under such By-law, shall cause amends to be tendered to the Plaintiff or his Attorney, and upon such tender being pleaded, no more than the amends tendered shall be recovered, it shall and may be lawful for the said Court to award no costs in favour of the Plaintiff, and to award costs in favour of the Defendant, and to adjudge that the same shall be deducted out of the amount of the verdict.

SEC. CLXII. And be it enacted, That in case any of the persons so declared to be elected, shall neglect or refuse to accept office, or to be sworn or affirmed into office, within the time in which the oath or affirmation of office is required to be taken, as hereinbefore provided, then the Head [of such Municipal Corporation for the preceding year, or in case of his absence or the vacancy of such office, then the Clerk of such Municipal Corporation; and in case of the like vacancy of such last mentioned office, any one of the members of such Municipal Corporation for the preceding year] shall forthwith by Warrant under his hand and seal, directed to the Returning Officer, require him to hold a new election to supply the place of such person, which such Returning Officer shall accordingly do within at least eight days after the receipt of such Warrant, and the person who shall be elected upon such Warrant shall be entitled and bound to be sworn or affirmed as Councillor, in the place of the person refusing office, or neglecting or refusing to be sworn or affirmed as aforesaid: Provided always nevertheless, that the necessity for such second election shall not prevent or interfere with the immediate organization of the Municipal Corporation for the year, or their proceeding to business as if such seat were not vacant.

SEC. CLXIII. And be it enacted, That all vacancies which may occur in any of such Municipal Corporations [by death, a judicial decision against the legality of any election, or otherwise however,] shall be filled by an election to be held under a Warrant directed to the Returning Officer under the hand and seal [of the head of such Municipal Corporation, or in case of his absence or the vacancy of such office, then under the hand and seal of the Clerk of such Municipal Corporation;

Provision as to actions for

things done under By-laws,

Amends may be tendered.

If the person elected refuses

to take office, a Warrant shall

issue for a new

election.

Proviso: the

Corporation may immediately proceed to business.

Vacancies in

Municipal Cor-, porations, how

to be filled.

Proviso as to terms of office. Provision in case of no election

being held on an appointed day.

Appointment of
Aldermen and
Councillors.

Duties of Trea

berlains.

and in case of the like vacancy of such last mentioned office, then under the hand and seal of any one of the Members of such Municipal Corporation:] Provided always, that the person [so elected shall hold his seat in such Corporation by virtue of such election,] for the residue of the term for which his immediate predecessor was elected, and no longer.

SEC. CLXV. And be it enacted, That if in any year there shall be no election held in any Township, Village, Town or Ward, on the appointed day, or if a requisite number [of candidates shall not have been elected, then,] and in every such case, it shall and may be lawful for the members of the Municipal Corporation in which such default of members shall occur, or if none be elected, then, for the members of such Muni-, cipal Corporation for the next preceeding year, or the majority of them respectively, and they are hereby required to supply the deficiency by appointing the whole number of Aldermen and Councillors, when the whole number shall be deficient, from amongst the qualified freeholders and householders of the Township, Village, Town or City, or by appointing such a number of qualified freeholders and householders of such Township, Village, Town or City as will complete the full number of Aldermen and Councillors for the same, and the person so appointed shall be bound to accept office, and to be sworn in, under the same penalty as if elected.

SEC. CLXXII. And be it enacted, That it shall be the duty of each of surers and Cham- such Treasurers and Chamberlains to receive and safely keep all moneys belonging to the County, City, Town, Township or Village for which he shall be appointed, and to pay out the same to such persons and in such manner as he shall be directed to do by any lawful order of the Municipal Corporation thereof, or by any law in force or to be in force in Upper Canada, and strictly to conform to and obey any such law or any By-law lawfully made by any such Municipal Corporation, and faithfully to perform [all such duties as may be assigned to him by any such law or By-law; Provided always, nevertheless, Firstly, That it shall moreover be the duty of every Township, Village and Town Treasurer, to receive from the Collector or Collectors of such Township, Village or Town, all moneys collected by such Collector or Collectors for or on account of the County Rates, and to pay the same over to the County Treasurer within such time as may be prescribed by any By-law of the Municipal Council of such County to be passed for that purpose: And provided also, Secondly, That the Municipal Corporation of such Township, Village or Town, shall be responsible to the Municipal Council of such County, for all such County Rates as shall or may be so paid to such Township, Village or Town Treasurer, who shall, together with his sureties, be responsible to such Municipal Corporation for the same as for moneys received by him on account of the Township, Village or Town Rates respectively: And provided also, Thirdly, That every such Township, Village or Town Treasurer shall keep an account in his books with the County Treasurer, and shall give receipts for all moneys received by him on account of the County, and receive from the Treasurer of such County receipts for all such moneys as he shall pay over to him on account of such County Rates; And provided also, Fourthly, That nothing herein contained shall in any way exonerate any such Collector from his liability or limit his liability to the Municipal Council of such County for any of the County Rates, whenever they shall choose to proceed against him instead of against the Corporation of such City, Village or Town (as the case may be) for the recovery thereof; And provided also, Fifthly, That for all County Rates so received and paid over to the County Treasurer, the Township, Village or Town Treasurer shall be entitled to receive and take to his own use a per centage of two and a half per cent. upon all such County Rates so received and paid over as aforesaid, and no more.]

Corporations not to stop up origifor roads

nal allowances

SEC. CLXXXVII. And be it enacted, That it shall not be competent to the Municipality of any Township or to the Municipal Council of any County, to pass any By-law for stopping up any original allowance for Roads in any Township or County, [nor on the limits of any Village or Town, or City therein, or on the borders thereof: Provided always, nevertheless, Firstly, That it shall and may be lawful for the Municipality of any Township, within which any Police Village or any other Village or Hamlet consisting of not less than twenty dwelling houses, standing within an area of not more than two hundred acres, shall be situate, upon the petition of the Trustees of such Village in the case of a Police Village, and in other cases upon the petition of fifteen of the inhabitant Householders of such Village or Hamlet, accompanied by a certificate from the Register of the County within which such Township shall lie, that a plan of such Village or Hamlet had been duly deposited in his office according to the then existing requirements of the Registry Laws in force in Upper Canada in that behalf, by any By-law to be passed by such Municipality for that purpose, to stop up, sell and convey or otherwise deal with any original allowance for Road that may lie within the limits of such Village or Hamlet, as the same shall be laid down on such plan, in the same manner as the Municipality of any Incorporated Village is empowered to stop up, sell, convey, or otherwise deal with any such original allowance for road within the limits of such Incorporated Village, but subject always nevertheless, to all and singular the directions, limitations and restrictions, and other the provisions in the one hundred and eighty-eighth section of this Act, contained respecting the same: Provided also, Secondly, That a Village or Hamlet situate partly within one Township and partly within another, whether such Township shall be within the same or different Counties, shall be a Village or Hamlet within the meaning of this section, and that in every such case the Municipality of each of such Townships shall have the powers hereby conferred as far as respects any original allowance for road, lying within that part of such Village or Hamlet, which according to such plan so deposited in the Registry Office or Registry Offices of such County or Counties shall be situate within the respective limits of such Townships.] SEC. CXCII. And be it enacted, That it shall not be lawful for any such Municipal Corporations to make any By-law [for the opening, stopping up, altering,] widening or diverting any public highway, road, street or lane until they shall have caused at least one calendar month's notice to have been given by written or printed notices put up in the six most public places in the immediate neighbourhood of such highway, road, street or lane, nor until they shall have heard in person or by counsel or attorney, any person through whose land such highway, road, street or lane, or proposed highway, road, street or lane shall run, and who may claim to be so heard before them; Provided always, nevertheless, that nothing either in this section or in any other of the provisions of this Act shall extend or be construed to extend to give any power or authority whatsoever to any of the Municipal Corporations erected or to be erected under the authority of the same, to interfere in any way with any of the public roads or bridges in Upper Canada, which by Act of Parliament or otherwise, now are or hereafter may be vested in Her Majesty, or in any public department or board of Her Majesty's Provincial Government as a Provincial public work; with respect to all and every which Provincial public works whether roads or bridges, all and singular the powers by this Act conferred upon or vested in such Muni- Powers of Govcipal Corporations, with respect to other roads and bridges within the ernor in Council limits of their respective jurisdictions, shall be and the same are hereby as to such Roads. vested in and shall and may from time to time and at all times hereafter be exercised by the Governor of this Province in Council with respect to such Provincial public roads and bridges and every of them, by such orders in Council as shall or may from time to time be made for that purpose.

of

Corporation not to stop up Roads, &c., without one

month's notice,

&c.

Proviso: Corporations not to interfere with Roads, &c., vested in Her Majesty or any public depart

ment.

Provisions of this

Act as to proper ty qualification, when to take effect.

Who may vote or

meantime.

Towns, &c.

In unincorporated Towns, &c.

Proviso as to places where a Registration of voters exists.

Sec. CCVIII. And be it enacted, That no provision in the foregoing enactments of this Act which requires that any person be possessed of any property qualification, or be assessed for any particular amount in order to his having a right to vote or to be elected at any election to be held under the authority of this Act, shall have any force or effect, unless or until some Act be passed by the Parliament of this Province, in the present or some future session thereof to provide for the regulation of assessments, and the levying and collecting of local taxes in Upper Canada, and to repeal the general provisions of the Acts heretofore in force for that purpose, but all such persons as have heretofore had the be elected in the right to vote [or to be elected respectively, at the annual Township elections for District Councillors, in] the several Townships in Upper Canada, shall have the right of voting and being elected for the Township and Village Councillors to be elected under this Act, and such persons as have heretofore had a right to vote or be elected at the Municipal Elections of any City, Town, or Village heretofore incorporated, or In incorporated having a Board of Police established by law for the same, shall have the right of voting and being elected for the City, Town or Village, Aldermen and Councillors to be elected under this Act for such City, Town or Village respectively; and the persons entitled to vote or be elected at the Municipal Elections of every Town and Village not incorporated as aforesaid before the passing of this Act, shall be the resident male inhabitants, being either householders or freeholders of such Town or Village of the age of twenty-one years or upwards, being subjects of Her Majesty by birth or naturalization, and who shall have resided in such Town or Village for six calendar months next previous to the holding of the said election, and who shall have been rated on the Assessment Roll of the said Town or Village as householders or freeholders for the year previous to such election. [Provided always, nevertheless, Firstly, That the value of the property by the provisions of this section required as the qualification of a Township Councillor, shall be one hundred, instead of three hundred pounds, as heretofore required for District Councillors; and provided also, Secondly, That in the case of all Township Councillors, it shall be a sufficient qualification, if in lieu of such one hundred pounds of real property, they shall be seized or possessed of real and personal property, which shall, together, amount to two hundred pounds; and provided also, Thirdly, That in the case of all such Towns and Villages as are lastly above mentioned, every person to be elected a Councillor for any such Town or Village, shall be seized and possessed to his own use in fee, of lands and tenements within the County or Union of Counties in which such Town or Village shall be situate, or within some one or other of the Counties or Unions of Counties next adjoining such first mentioned County or Union of Counties, of the real value of one hundred pounds currency, over and above all charges and incumbrances due and payable upon or out of the same; and provided also, Fourthly, That in the Cities and Towns in which, at the passing of this Act, a provision exists for the registering of votes, the same shall continue and be in force until repealed, altered or amended by a By-Law of the Corporation of such City or Town; Provided also, Fifthly, That whether any such new Act for regulating Assessments in Upper Canada, shall or shall not be passed prior to this Act coming into force, the persons herein before in this section described as entitled to elect and be elected under this Act, until such new Assessment Law shall have been passed as aforesaid, shall be those entitled to elect and be elected respectively; And provided also, Sixthly, That any Town, the Act of Incorporation of which had been disallowed or had expired before the first of January, in the year of our Lord one thousand eight hundred and fifty, shall be taken and held to be an incorporated Town within this section,] at the first elections to be held under this Act.

Proviso as to first elections.